1. CONCLUSION OF CONTRACT AND DELIVERY OF GOODS
1.1 By placing an order you declare to act exclusively for private purposes.
1.2 We conclude contracts via www.greenstate.ch/GSIRA (GreenState Investor Relations Application) exclusively in German, French, English and Italian. When ordering GreenState articles, your contractual partner is GreenState AG, Marktgasse 1, 8400 Winterthur, Switzerland. If you order GreenState partner goods, you have - depending on the product you have chosen - either a contract solely with the respective GreenState partner or with both GreenState AG and the respective GreenState partner together (joint seller). Information about the respective contractual relationship is displayed on each page on which the product details are described.
1.3 By clicking the button "buy now" you place a binding order for the items in the portfolio. We will confirm the receipt of your order immediately by email after sending the order. A binding contract is concluded upon receipt of the order confirmation. Please note that in case of prepayment (reservation) the delivery of the ordered goods will take place as soon as we have received the payment of the full purchase price as well as any shipping costs. Therefore, we ask you to transfer the purchase price immediately after receipt of the order confirmation, but no later than within 14 days.
1.4 You agree to the assignment of the seller`s claims for payment of the purchase price to third parties, in particular to GreenState AG.
1.5 Please note that we are exceptionally not obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not been supplied correctly or in time. The prerequisite is that we are not responsible for the lack of availability of the goods and that we have informed you of this circumstance without delay. In the case of corresponding subsequent unavailability of the goods, we will immediately reimburse you for any payments already made.
1.6 We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. In the case of orders for GreenState partner articles, our stock of goods includes the stock of goods of the GreenState partner. We deliver orders within Switzerland. If working days are specified as deadlines, we understand this to mean all days from Monday to and including Friday, with the exception of public holidays.
1.7 We reserve the right to refuse an order or to cancel the order if this order was generated by software, a machine, a crawler, a spider or by other automatic web programs or scripted behaviour systems or by using services of third parties which were used to place the order on your behalf.
2. PRICES, SHIPPING COSTS AND EXPRESS DELIVERY
2.1 The prices listed in the offer at the time of the order shall apply. The prices stated are final prices, i.e. they include the applicable statutory value added tax.
2.2 We shall bear the shipping costs for you, except in the case of Next Day Evening Delivery or if otherwise stated (see also the other provisions of this Section 2.3).
2.3 For orders of CHF 150.00 or more, shipping is free of charge. For orders below CHF 150.00, shipping costs of CHF 5.95 including VAT will be charged. Shipping costs are based on the size of the order, including shipping, handling and other services. The costs are incurred and charged by GreenState.
2.4 We offer a Next Day Evening Delivery option for certain orders. You can see whether this option is offered for your particular order and the costs incurred for this in the order process. If the specified delivery time is exceeded, you will of course be refunded the delivery costs.
2.5 For the shipment of particularly bulky, heavy or valuable items, different shipping charges may apply, which we will indicate individually for each product on the product detail page and on the order page during the sale.
2.6 Depending on the warehouse location of your item, long distance shipping charges of CHF 5.95 incl. VAT may apply, which will be collected by GreenState and charged to you. You will be informed before your order is triggered if such long-distance shipping fees are charged for the selected item. If you return an item for which long distance shipping fees have been charged, we will refund the long distance shipping fees if the entire order is returned. Your statutory rights remain unaffected.
3.1 In principle, we offer the payment methods prepayment, credit card, invoice and bank transfer. For each order, we reserve the right not to offer certain payment cards and to refer to other payment cards. Please note that we only accept payments from accounts in Switzerland and within the European Union (EU). Any costs of a money transaction are to be borne by you.
3.2 In the case of purchase by credit card, your credit card account will be charged when we ship the order.
3.3 In the case of purchase on account, the purchase price shall become due for payment on the day of receipt of the delivery by the customer. If payment is not made within 30 days of the due date, the customer shall be in default. In this case, GreenState AG reserves the right to charge the customer reminder fees in addition to the invoice amount. While no fees are charged for the first reminder, the reminder fees for the second reminder are CHF 10.00 and for the third reminder CHF 14.00. The outstanding invoice amount (including interest on arrears and reminder fees) can be handed over or sold for the purpose of collection. In addition to the payment of the invoice amount, the customer is also obligated to reimburse all costs arising from the delay in payment.
3.4 You agree to receive invoices, credit notes and reminders in electronic or paper form.
4. PROMOTION VOUCHERS AND THEIR REDEMPTION
4.1 Promotional vouchers are vouchers which cannot be purchased but which we issue as part of promotional campaigns with a specific period of validity.
4.2 Promotional vouchers can only be redeemed during the specified period and only once as part of an order process.Individual branded products may be excluded from the voucher promotion.
Promotion vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
4.3 The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
4.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Several promotional vouchers cannot be combined with each other, unless we have agreed otherwise.
4.5 If you have used a promotional voucher in your purchase, we reserve the right to charge you the original price of the goods you keep if - due to your cancellation - the total value of the order falls below the respective value of the promotional voucher.
5. GIFT VOUCHERS AND THEIR REDEMPTION
5.1 Gift certificates are vouchers that you can purchase. They can only be redeemed for the purchase of GreenState items and GreenState partner items, but not for the purchase of other gift vouchers. If the balance of a gift certificate is not sufficient for the order, the difference can be made up using the payment options offered.
5.2 Gift Vouchers and credits can only be redeemed before the order process is completed. The balance of a gift voucher is neither paid out in cash nor does it earn interest.
6. RIGHT OF RETURN FOR GreenState ARTICLES
For all purchases of Zalando items at www.greenstate.ch/GSIRA, GreenState grants a voluntary right of return for a total of 14 days from the date of receipt of the goods. Thereafter, you may cancel the contract by returning the goods to us within 14 days of receipt of the goods (period begins on the day after receipt of the goods).
Any repayments by invoice and prepayment we arrange to the account specified by you for the repayment. If you have paid by Paypal or credit card, the refund will be made to the associated Paypal or credit card account. If you have used a gift voucher with your purchase, we will credit the corresponding amount to your gift voucher account.
8. CUSTOMER CARE
If you have any questions, please refer to our help pages or contact us.
9. STATUTORY WARRANTY FOR DEFECTS AND FURTHER INFORMATION
9.1 The statutory warranty for defects shall apply. GreenState expressly reserves the right to provide Buyer with defect-free replacements in the event of claimed and established defects in the purchased item.
9.2 You can view these GTC at www.greenstate.ch. In addition, you can print or save this document by using the usual function of your Internet service program (= browser: there usually "File" -> "Save as"). You can also download and archive this document in PDF form by clicking here. To open the PDF file, you need the free program Adobe Reader (at www.adobe.de) or comparable programs that can handle the PDF format.
9.3 You can also additionally archive the GTC as well as the data of your order simply by either downloading the GTC and saving the data summarized on the last page of the order process in the Internet store with the help of the functions of your browser or by waiting for the automatic order confirmation, which we will additionally send to you by e-mail after completion of your order to the e-mail address provided by you. This order confirmation e-mail contains once again the data of your order and our terms and conditions and can be easily printed or saved with your e-mail program.
9.4 Should individual provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an unforeseen gap, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.
10. APPLICABLE LAW AND PLACE OF JURISDICTION APPLICABLE LAW AND PLACE OF JURISDICTION
10.1 Swiss law shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2 With respect to consumers, the place of jurisdiction shall be the Swiss domicile of the consumer. In business transactions with merchants, our place of business shall be agreed as the place of jurisdiction for all legal disputes concerning these Terms and Conditions and individual contracts concluded under their application, including actions on bills of exchange and checks. In this case, we are also entitled to take legal action at the (residential) domicile of the customer.
10.3 The use of the offers available on www.greenstate.ch/GSIRA (GreenState Investor Relations Application) is possible for persons who are at least 18 years old.
YOUR GreenState AG
GreenState AG, Marktgasse 1, 8400 Winterthur, Switzerland
Board of Directors: Arsenije Grgur, Christian Hörler, Dr. Christoph Lustenberger, Dr. Pierre Allemann CHE-283.212.196